MERCHANT FREE IN BOOBY-TRAP DEATH

MIAMI -- A Dade County grand jury refused Tuesday to indict Prentice Rasheed, the shopkeeper who stirred sentiment nationally when he was arrested for setting a booby-trap that killed a burglary suspect.

After more than six hours of deliberation, the grand jury released a three- page report concluding that Rasheed's action was unjustified, but not criminally negligent.

The jury decided Rasheed did not intend to kill and was unaware that his burglary prevention system -- a wire strung from an outlet to a metal grate in the ceiling -- was capable of taking life.

The report said, as Rasheed has contended all along, "This was a crude device meant to prevent entry, not to kill."

"I never intended for it to happen, and I would never do that same thing again," a relieved Rasheed, surrounded by supporters and media outside his attorney's office, said later.

Professor William Wilbanks, a criminal justice specialist from Florida International University, has repeatedly said during televised debates that the grand jury should and probably would indict Rasheed.

Wilbanks said Tuesday he feared the grand jury's decision would be misinterpreted as a signal to citizens that it is OK to use extreme means to protect their homes and stores.

"It's very hard to say, 'He did the wrong thing but we aren't going to indict him,' and that's what they said," Wilbanks said. "Actions speak louder than words."

"I think the message that people may get is that if you've tried everything, and you've been repeatedly burglarized, and you use deadly force, the law will probably wink at it."

Dade State Attorney Janet Reno, asked at the Dade District Courthouse whether she would pursue manslaughter or other criminal charges against Rasheed, said no and declined to comment further.

Police arrested Rasheed on Sept. 30 and charged him with manslaughter in the death of Odell Hicks, 26, and building a mantrap.

"I think the grand jury has spoken, and their report says it very clearly," Reno said.

Rasheed, 48, must now appear Friday for arraignment in District Court, where no charges are expected to be brought, said his attorney, Ellis Rubin.

His case spurred emotional public debate about the rights of citizens to protect themselves and their homes from criminals and has prompted several proposals for solutions to Dade's crime problems.

The grand jury report said the jury would, at a later date, offer "extensive recommendations" for improving the capability of the criminal justice system to prevent crime.

The jury's report, which Rasheed's attorney claims was written by the state prosecutors, sternly warns citizens against the use of deadly force to protect property.

"We understand and share Mr. Rasheed's frustration with crime in our community," said the report, signed by grand jury foreman Guillermo G. Gonzalez. "But the answer does not lie in taking the laws into our own hands."

"Everyone is now on notice that electrical devices designed to 'jolt' you can kill you, and laws against such devices should be reviewed and enforced," the report said.

Attorney Rubin has called for legislative changes that would prevent criminals from suing citizens who use deadly force for protection.

State Rep. James Burke, D-Miami, has proposed the economic, political and educational aid, not vigilantism.

Asked how he now protects his store, Rasheed said, "That depends on the Police Department."

"I hope that they are out there now, riding around," he said.

Merchants in Liberty City on Tuesday agreed with Rasheed. Many approached city and county officials in the weeks before Hicks' death to request help in the battle against crime.

Eursla Wells, whose family owns a bookstore near Rasheed's shop, said that support finally arrived, though too late to save Hicks' life.

"Perhaps the commissioners will listen more intently," she said. "I feel that the people in the area are better served now.

"We are all very, very happy and we feel that justice has been served by not indicting Mr. Rasheed."